New York, NY: A federal consumer fraud class action lawsuit has been filed against Wacoal America Inc. and Maidenform Brands, Inc. over allegedly deceptive marketing claims the Defendants made regarding the purported slimming benefits of the Novarel Slim Fabric used in "Novarel Slim iPant"and "Flexees"brand shapewear.
The Novarel and Flexees class action lawsuit, which was filed in US District Court for the Eastern District of New York on November 5, 2013, seeks class action status for all persons who paid, in whole or in part, for shapewear constructed with Novarel Slim fabric and manufactured, marketed or sold by Wacoal or Maidenform for personal, family or household uses. (Case No. 2:13-cv-06122).
According to the class action lawsuit, the Defendants claim that Novarel Slim Fabric, manufactured by Nurel SA, contains ingredients that can be absorbed by the body and permanently change the wearer' skin tone and body shape. These ingredients include embedded microcapsules containing caffeine to promote fat destruction, vitamin E to prevent the effects of aging, ceramides to restore and maintain the skin' smoothness, and retinol and aloe vera to moisturize and increase the firmness of the skin. Specifically, Wacoal American and Maidenform promise that use of Novarel Slim iPant and Flexees products will result in fat destruction and reduce the appearance of cellulite. According to the complaint, the companies charge up to 50 percent more for shapewear products that contain the Noveral fabric compared to the cost of comparable shapewear that does not purport to contain these ingredients.
The Novarel and Flexees class action lawsuit alleges that the claims used by Wacoal and Maidenform to market Novarel Slim iPant and Flexees shapewear are deceptive and misleading. Among other things, Plaintiffs point to research from the Mayo Clinic, which found that cellulite cannot be "cured"with topical applications.
The class action complaint alleges violations of the New Jersey Consumer Fraud Act, breach of express warranties and unjust enrichment. It seeks, among other things, restitution for the amount of money Class Members spent to purchase Novarel Slim iPant and Flexees garments. Plaintiffs are represented by the lawfirm of Alonso Krangle LLP.
